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Home My WebLink About00001731w1; R d ao- TA Ali, �K Awl ' lY5 -'`fit - ♦�` � 11 P. �'�., y�.�,.>�xf�' s Mif i fa,i may... 7 w i Brennan, Kevin S From: Brennan, Kevin S Sent: Tuesday, February 19, 2008 10:12 AM To: 'Tom Murray Subject: RE: Lexington Farms The county does not involve themselves in HOA issues.. The rules are strictly the HOA's to oversee and enforce. Kevin Brennan Code Enforcement Officer City of Carmel (317) 571-2423 kbrennan@carmel.in.gov -----Original Message ----- From: Tom Murray[mailto:TMurray@eadsmurraypugh.com] Sent: Monday, February 18, 2008 2:02 PM To: Brennan, Kevin S Cc: Geupel, Lee; rhabash@lilly.com Subject: RE: Lexington Farms Kevin, below is the exact language from the Lexington Farms Plat Covenants: nNo fence, wall, hedge or shrub planting which obstructs sight lines at elevations between 2 and 6 feet above the street shall be placed or permitted to remain on any corner lot within the triangular area formed by the street property lines and a line connecting points 25 feet from the intersection of said lines, or in the case of a rounded property corner, from the intersection of the street lines extended.... No tree shall be permitted to remain within such distances of such intersections unless the foliage line is maintained at sufficient height to prevent obstruction of such sight line." Mr. Shuck installed 2 evergreen trees within that area. Who is your counterpart with the County? P. Thomas Murray, Jr. FADS MURRAY & PUGH, P.C. 9515 E. 59th Street, Suite B Indianapolis, IN 46216 Tele: 317-536-2565 Fax: 317-536-2568 e-mail: tmurray@eadsmurraypugh.com ------ ------------------------------------------ CONFIDENTIALITY NOTICE: This email and any attachments are for the exclusive and confidential use of the intended recipient. If you are not the intended recipient, please do not read, distribute or take action in reliance upon this message. If you have received this in error, please notify us immediately by return mail and promptly delete this message and its attachments from your computer system. We do not waive attorney -client or work product privilege by the transmission of this message. -----Original Message ----- From: Brennan, Kevin S [mailto;kbrennan9carmel.in.9ov1 Sent: Saturday, February 16, 2008 4:16 PM To: Tom Murray Subject: RE: Lexington Farms Mr, Murray, If the HOA's rules are more strict than Carmel Codes then it is up to The HOA to enforce them. I cannot enforce HOA rules. Just what is the rule you are referring to? -Original Message ----- I From: -Tom Murray" <TMurray@eadsmurraypugh.com> To: "Brennan, Kevin s" <kbrennan@carmel.in.gcv> Cc: "Geupel, Lee" <lgeupel@ekirkpatrick.com>; "rhahash@lilly.com" <rhabash@lilly.com> Sent: 2/15/2008 4:06 PM Subject: RE: Lexington Farms Kevin, the Board of Directors believes that the 2 trees violate the Association's Declaration of Covenants, Conditions and Restrictions that contains its OWN clear sight triangle, and the owner is refusing to comply! P. Thomas Murray, Sr. EARS MURRAY & PUGH, P.C. 9515 E. 59th Street, Suite 8 Indianapolis, IN 46216 Tele: 317-536-2565 Fax: 317-536-2568 e-mail: tmurray@eadsmurraypugh.com<mailto:tmurray@eadsmurraypugh.com> --------------------__---------------------------------- CONFIDENTIALITY NOTICE: This email and any attachments are for the exclusive and confidential use of the intended recipient. If you are not the intended recipient, please do not read, distribute or take action in reliance upon this message. If you have received this in error, please notify us immediately by return mail and promptly delete this message and its attachments from your computer system. We do not waive attorney -client or work product privilege by the transmission of this message. From: Brennan, Kevin S [mailto:kbrennan@carmel.in.gov] Sent: Thursday, February 14, 2008 11:30 AM To: Tom Murray Subject: RE: Lexington Farms Mr. Murray, The trees do not appear to be located in the inside the area defined as "vision clearance on corner lots" as established by ordinance. Additionally, as this area lies outside of Carmel City limits, we have no control over what is placed withinthe right-of-way of any street. Has there been an issue with these trees already or is information being sought for information's sake? Nevin Brennan Code Enforcement officer City of Carmel E (317) 571-2423 kbrenrian@carmel.in.gov From: Tom Murray[mailto:TMurray@eadsmurraypugh.com] Sent: Thursday, February 14, 2008 11:11 AM To: Brennan, Kevin S Subject: RE: Lexington Farms I believe that there are just 2 trees at issue. P. Thomas Murray, Jr. EADS MURRAY & PUGH, P.C. 9515 E. 59th Street, Suite B Indianapolis, IN 46216 Tele: 317-536-2565 Fax: 317-536-2568 e-mail: tmurray@eadsmurraypugh.com<mailto:tmurray@eadsmurraypugh.com> ----------------------------------------------------------- CONFIDENTIALITY NOTICE: This email and any attachments are for the exclusive and confidential use of the intended recipient. If you are not the intended recipient, please do not read, distribute or take action in reliance upon this message. If you have received this in error, please notify us immediately by return mail and promptly delete this message and its attachments from your computer system. We do not waive attorney -client or work product privilege by the transmission of this message. From: Brennan, Kevin S [mailto:kbrennan@carmel.in.gov] Sent: Thursday, February 14, 2008 11:01 AM To: Tom Murray Subject: RE: Lexington Farms Mr. Murray, Yes, we have gone out and taken a look at this intersection and I am looking at the pictures that were taken at this moment. Are you interested in the fence or the newly planted trees that have appeared between the sidewalk and the street? We just need some clarification because neither would seem to interfere with visibility at the intersection Thanks, 3 Kevin Brennan Code Enforcement Officer City of Carmel (317) 571-2423 kbrennan@carmel.in.gov From: Tom Murray [mailto:TMurray@eadsmurraypugh.com) Sent: Wednesday, February 13, 2008 3:17 PM To: Brennan, Kevin S Subject: RE: Lexington Farms Kevin, have you had a chance to view the property yet? P. Thomas Murray, Jr. EARS MURRAY & PUGH, P.C. 9515 E. 59th Street, Suite B Indianapolis, IN 46216 Tele: 317-536-2565 Fax: 317-536-2568 e-mail: tmurray@eadsmurraypugh.com amailto:tmurray@eadsmurraypugh.com> ----------------------------------------------------------- CONFIDENTIALITY NOTICE: This email and any attachments are for the exclusive and confidential use of the intended recipient. If you are not the intended recipient, please do not read, distribute or take action in reliance upon this message. If you have received this in error, please notify us immediately by return mail and promptly delete this message and its attachments from your computer system. We do not waive attorney -client or work product privilege by the transmission of this message. From: Brennan, Kevin S [mailto:kbrennan@carmel.in.gov] Sent: Wednesday, January 23, 2008 12:46 PM To: Tom Murray Cc: Haney, Douglas C Subject: Lexington Farms Mr. Murray, Doug Haney has sent me the question you asked him and, yes, there is something that my office may be able to do to provide some relief. The ordinance does have a definition on •vision clearance on corner lots"... 4 "A triangular space at the street corner of a Corner Lot, free from any kind of obstruction to vision between the heights of three (3) and eight (8) feet above the established street grade. The street grade is measured at the intersection of the centerlines of the intersecting street pavement, and the triangular space is determined by a diagonal line connecting two (2) points measured fifteen (15) feet equidistant from the Lot corner along each property line at intersections of two (2) residential streets or twenty-five (25) feet at the intersection of any other types of Streets." Please let me know the address of the property in question and we will conduct an inspection to see if compliance with the ordinance is necessary. Sincerely, Kevin Brennan Code Enforcement Officer City of Carmel (317) 571-2423 kbrennan@carmel.in.gov Paee 1 of) Brennan, Kevin S From: Brennan, Kevin S Sent: Thursday, February 14, 2008 11:25 AM To: 'Tom Murray' Subject: RE: Lexington Farms Mr. Murray, The trees do not appear to be located in the inside the area defined as "vision clearance on comer lots" as established by ordinance. Additionally, as this area lies outside of Carmel City limits, we have no control over what is placed within the right- of-way of any street. Has there been an issue with these trees already or is information being sought for information's sake? 17rli .-M AAA . aI Code Enforcement Officer City of Carmel (317) 571-2423 kbrennan@carmel.in.gov From: Tom Murray[maitto:TMurray@eadsmurraypugh.com] Sent: Thursday, February 14, 2008 11:11 AM To: Brennan, Kevin S Subject: RE: Lexington Farms I believe that there are just 2 trees at issue. P. Thomas Murray, Jr. EARS MURRAY & PUGH, P.C. 9515 E. 59th Street, Suite B Indianapolis, IN 46216 Tele: 317-536-2565 Fax: 317-536-2568 e-mail: tmurra eadsmurravough.com CONFIDENTIALITY NOTICE: This email and any attachments are for the exclusive and confidential use of the intended recipient. If you are not the intended recipient. please do not read, distribute or take action in reliance upon this message. If you have received this in error, please notify us immediately by return mail and promptly delete this message and his attachments from your computer system. We do not waive attorney -client or work product privilege by the transmission of this message. From: Brennan, Kevin S [mailto:kbrennan@carmel.in.gov] Sent: Thursday, February 14, 2008 11:01 AM To: Tom Murray Subject: RE: Lexington Farms Mr. Murray, Yes, we have gone out and taken a look at this intersection and I am looking at the pictures that were taken at this moment. Are you interested in the fence or the newly planted trees that have appeared between the sidewalk and the street? We just need some clarification because neither would seem to interfere with visibility at the intersection Thanks, 2/14/2008 Page 2 of 2 Kevin Brennan Code Enforcement Officer City of Carmel (317)571-2423 kbrennan@carmel.in.gov From: Tom Murray [mailto:TMurray@eadsmurraypugh.com] Sent: Wednesday, February 13, 2008 3:17 PM To: Brennan, Kevin S Subject: RE: Lexington Farms Kevin, have you had a chance to view the property yet? P. Thomas Murray, Jr. EADS MURRAY & PUGH, P.C. 9515 E. 59th Street, Suite B Indianapolis, IN 46216 Tele: 317-536-2565 Fax:317-536-2568 e-mail: tmurray@eadsmurraypugh.com CONFIDENTIALITY NOTICE: This email and any attachments are for the exclusive and confidential use of the intended recipient If you are not the intended recipient, please do not read, distribute or lake action in reliance upon this message. If you have received this in error, please notify us immediately by return mail and promptly delete this message and its attachments from your computer system. We do not waive attorney -client or work product privilege by the transmission of this message. From: Brennan, Kevin S [mailto:kbrennan@carmel.in.gov] Sent: Wednesday, January 23, 2008 12:46 PM To: Tom Murray Cc: Haney, Douglas C Subject: Lexington Farms Mr. Murray, Doug Haney has sent me the question you asked him and, yes, there is something that my office may be able to do to provide some relief. The ordinance does have a definition on "vision clearance on corner lots"... "A triangular space at the street corner of a Corner Lot, free from any kind of obstruction to vision between the heights of three (3) and eight (8) feet above the established street grade. The street grade is measured at the intersection of the centerlines of the intersecting street pavement, and the triangular space is determined by a diagonal line connecting two (2) points measured fifteen (15) feet equidistant from the Lot corner along each property line at intersections of two (2) residential streets or twenty-five (25) feet at the intersection of any other types of Streets." Please let me know the address of the property in question and we will conduct an inspection to see if compliance with the ordinance is necessary. Sincerely, Kevin Brennan Code Enforcement Officer City of Carmel (317) 571-2423 kbrennan@carmel.in.gov 2' 14,i2008 Ramilton Co., IN - Online Reports Page I of I Parcel Information Report 11 re ort type 2. property search 3. view re orts Reset I new search general parcel mfe. spring tax statement taz payments property card fall tax statement Disclaimer: The information available through this program is current as of Dec 17th, 2007. PLEASE NOTE!! This information is as Dec 17th 2007, and will not be updated until year end maintenance has been con will announce on our Home Page when daily updates resume. This program allows you to view and print certain public records. Each report reflects information as of a specific date; so the informatio different reports may not match. All Information has been derived from public records that are constantly undergoing change and is not warranted for, accuracy. It may not reflect the current information pertaining to the property of interest. Parcel No: 17-13-01-03-12-007.000 Property Address: Deeded Owner: Shuck, Don K & Candace K 1106 Aqueduct Way Owner Address: INDIANAPOLIS, IN 46290 1106 Aqueduct Way INDIANAPOLIS, IN 46280 Legal Description: LEXINGTON FARMS 107.09 X 112.95 A PLATTED 10/27/87 7/17/89 FR LEXINGTON FARMS 8914829 9/15/89 FII DAVIS BLDG CARP 8920415 515/99 F0. STACy 9927092 5/5/99 FR SIACY 9927093 2/1/00 F0. STALY 2000-5162 Section/TownshiplRange: 01/ 17103 Subdivision Name: LEXINGTON FARMS Block: 2 Deeded Acres: 0 Political Township: Clay Lot Number(s;: 84 Most Recent Recorded Date: 2/7/2007 (Recorded Date might be due to a variety of changes; such as annexation, right-of-way, split, or deed.; This application is developed and maintained by the Information System Services Department. If you have any questions or comments, please cortact i 2005 Hamilton Cc. Webs!te Suggestions or Issues I Conditions of Use I Privacy Policy I Site MAP I Technical Help I HOM ® 2006, Hamilton County, Indiana - all rights reserved. http://Www.co.hamilton.in-uslappslreportslrptpareelinfo.asp?sparceino=17130103l2007600... 2/5/2008 Page 1 of 1 Brennan, Kevin S From: Tom Murray [TMurray@eadsmurraypugh.com] Sent: Thursday, January 31, 2008 3:36 PM To: Brennan, Kevin S Cc: Geupel, Lee; rhabash@lilly.com Subject: RE: Lexington Farms Kevin, the address is 1106 Aquaduct Way in the Lexington Farms subdivision. The owner is Don Shuck. Thanks for your assistance! P. Thomas Murray, Jr. EADS MURRAY & PUGH, P.C. 9515 E. 59th Street, Suite B Indianapolis, IN 46216 Tele: 317-536-2565 Fax: 317-536-2568 e-mail: tmurray(&eadsmurraypugh.com CONFIDENTIALITY NOTICE: This email and any attachments are for the exclusive and confidential use of the intended recipient. If you are not the intended recipient, please do not read, distribute or take action in reliance upon this message. If you have received this in error, please notify us immediately by return mail and pmmpi y delete this message and its attachments from your cornputer system. We do not waive attorney -client or work product privilege by the transmission of this message. From: Brennan, Kevin S [mailto:kbrennan@carmel.in.gov] Sent: Wednesday, January 23, 2008 12:46 PM To: Tom Murray Cc: Haney, Douglas C Subject: Lexington Farms Mr. Murray, Doug Haney has sent me the question you asked him and, yes, there is something that my office may be able to do to provide some relief. The ordinance does have a definition on "vision clearance on corner lots"... "A triangular space at the street corner of a Corner Lot, free from any kind of obstruction to vision between the heights of three (3) and eight (8) feet above the established street grade. The street grade is measured at the intersection of the centerlines of the intersecting street pavement, and the triangular space is determined by a diagonal line connecting two (2) points measured fifteen (15) feet equidistant from the Lot corner along each property line at intersections of two (2) residential streets or twenty-five (25) feet at the intersection of any other types of Streets." Please let me know the address of the property in question and we will conduct an inspection to see if compliance with the ordinance is necessary. Sincerely, Kevin Brennan Code Enforcement Officer City of Carmel (317)571-2423 kbrennan@carmel.in.gov 2;4i2003